Advice re: maternity pay after redundancy.

[rubles]

I am nearly 18 weeks pregnant and there is a very strong possibility of me being made redundant in the next month or so.
Having just looked at my contract, my notice period will be 11 weeks, which means that if they start making the moves to 'Exit' me in 3/4 weeks time then I will be 21/22 weeks pregnant.

I know that if you are still working for a company 15 weeks before the due date (i.e. at 25 weeks pregnant) you are entitled to maternity pay - but what if:
a. you are working out your notice after redundancy
or, (more likely in my case)
b. you are paid in lieu of the notice period so therefore not physically working at the cut off point of 25 weeks?

Anyone know? Any advice?

Have you told them? While it won't necessarily prevent you being made redundant, you being pregnant means your employer has to tread very carefully, to avoid discrimination claims. Is it particularly your job or are there a number of you at risk? I would imagine they can't engineer getting rid of you just before 25 weeks just to avoid the pay. If you're in a union talk to them first, but if not, tell them and seek proper legal advice at the same time.

I think you need to speak to someone from ACA about this as they will know the best way to handle it. If you are still classed as employed and start your maternity leave then your company has to pay you your maternity pay in a lump sum I think. But definitely get this checked out. I was in a similar situation about 3 years ago but it didn't happen and the law has changed a lot since then. ACAS were brilliant when I spoke to them and outlined all my options so I do recommend getting in touch ACAS

I haven't told them due to my own natural caution with these things. I think I will do that later today.
Redfraggle, thanks for the link, I have just rung ACAS and was advised to check my contract to find out about being paid in lieu of notice. I have done and it doesn't say anything about it, so according to ACAS I would have grounds for complaint if I am entitled to work out my notice and they are preventing me from doing that.
They have advised me call Inland Revenue too, so will do that just now.

Thanks.

it all depends on whether you are still within your contract of employment at the start of the qualifying week. If you get PILON you may not be. (whereas if you are under notice you will be.)

Does you company have an HR dept? I would speak to them first.

That said, it would be a pretty mean spirited employre (and yes I know there are some) to act more quickly just to deny you SMP as they get most or all (depending on their size) of the cost of it back through credits against their NI bill.

hi dunno if this will help but should your employer not pay you smp then you will qualify for mat allowance from the government(there are criteria to be met )but when i got made redundant thats what i got.hope it doesnt come to that and work pays up!
good luck x

Hi, I was made redundant when I was 18 weeks pg and my notice period took me to just before the 15 week cut off. I sought legal advise and they said if I was still under contract (notice included)at 15wks before EDD then they would have had to pay.

As it was the company agreed to pay me SMP as a 'gesture' although I sued them anyway for unfair dismissal (they knew I was pregnant) and was awarded compensation which was a lot higher than the SMP payment they offered. Am sure none of this is relevant in your situation but I got a lot of help from the Citizens Advise Bureau who were brilliant.

Good luck - Does your company offer much above the stat minimum?